SP/0049 - DIRITTI FONDAMENTALI COME POLITICHE
Academic Year 2021/2022
Free text for the University
SILVIA NICCOLAI (Tit.)
- Teaching style
- Lingua Insegnamento
|[2/68] PUBLIC ADMINISTRATIONS SCIENCES||[68/00 - Ord. 2019] PERCORSO COMUNE||9||54|
1. Knowledge and understanding. The course provides an understanding of the following theme: what a constitutional right is? how is it identified? What does it means, in theory and practice, translate a constitutional right translates into a public policy? In this general frame, the course focuses focuses on the constitutional right to housing.
2. Ability to apply knowledge and understanding. The course is mainly theoretical and does not include practical activities.
3.Autonomy of judgment: the aspects on which the course focuses (the definition of fundamental rights in its link with the constitutional interpretation / the role of the judiciary, the legislator and the public administrations in the application and implementation of a constitutional right) favor the development of the capability of autonomous understanding and reasoning with respect to constitutional law issues, seen in their connection with the social, cultural and economic context in change, and with the action of public powers.
4. Communication skills: even though they are not included among the main aims of the course, they are nonetheless stimulated (moments of students' active participation through short papers/relations are provided, see below).
5. Learning ability: the course stimulates the learning of medium-advanced issues of public and constitutional law (concept of fondamental rights, constitutional justice / administrative and legislative activity) in their disciplinary specialized language and specific conceptual frame.
On the whole, the teaching is particularly linked to the general purpose of the course of study concerning the deepening of the "dynamics of structuring and change in relation to the processes of development and modernization with attention to inequalities (not only of income and wealth, but also of gender and generational)", with special attention to the "solidarity approaches and the outcomes of public intervention ”.
Preferable but not mandatory to have passed the following exams: Institutions of Public law, European Law, Administrative Law.
The course studies the wide range of links that connect the constitutional discipline of a fundamental right with its implementation through the public policies. What transformations take place in this passage? How does the mediation of the legislature, of the judiciary and of the ,administrative action (but also the characteristics of society) influence the actual - 'living' - configuration of a given fundamental right?
We will address these questions with reference to the constitutional right to housing.
The course is based on the book "Il diritto costituzionale all'abitare", by E. Olivito, Jovene, Naples, 2017.
The lessons are intended to facilitate the students' understanding of the issues addressed by the book; their aim is to familiarize the students with the language and the conceptual perspectives of Constitutional Law.
The course, which include an in depth analysis of the concept of 'social right' as fundamental right, follows the development of E.Olivito's book:
I. The right to housing in the doctrine and in the jurisprudence (which will be the object of the first module);
II. Housing policies in Italy (second module)
III. The right to housing as a 'right in motion'. Socio-economic transformations and changes in the housing question (second module).
Some aspects of current Sardinia's housing politics will be also dealt with.
The possibility of differences (either in the program or in the examination modalities) between attending and non-attending students will be agreed with the students at the beginning of the course. See the personal teacher's webpage for updating.
The course consists of 54 hours of lessons. Moments of summary and in-depth analysis are periodically provided. The lessons are frontal, in some case with the partial help of Power Point slides.
According to the general rules established by the University "Teaching will be delivered mainly in person, integrated and" augmented "with online strategies, in order to guarantee its use in an innovative and inclusive way".
Verification of learning
The exam is written and consists of three open-ended questions each dealing with one of the topics covered in the three chapters of the book by E. Olivito. The answer to each question assigns a score from 1 to 10 that makes up the final grade (max 30/30). The exam is passed with 18/30 (a minimum score of 6/10 in each answer is required). Outstanding examination tests are awarded the score '30 e lode'.
For each question a detailed answer is required on a text of about two columns. EXAMS' METHODS MAY BE SUBJECT TO VARIATIONS DEPENDING ON MEASURES RELATING TO THE CORONAVIRUS EPIDEMIC. UPDATING WILL BE TIMELY PROVIDED THROUGH THE THE PROFESSOR'S PERSONAL WEBSITE.
E. Olivito, Il diritto costituzionale all'abitare, Napoli, Jovene, 2017.
Moments of tutoring, summary and in-depth analysis of some topics are periodically provided by the Teacher. Lessons are frontal, with the help of Power Point slides. Students are encouraged to take an active part in the lessons. To this purpose, also with the aim of favoring the mastering of the topics of the course in view of the exam, short oral individual reports can be scheduled. For updated information see the teacher's personal web site.